Kamala Harris dodges questions on court packing, claims Biden 'has been very clear'

October 14, 2020 

Democratic vice presidential nominee Sen. Kamala Harris, D-Calif., avoided giving her opinion on court packing -- the concept of expanding the Supreme Court's roster to confirm new justices -- while claiming that Joe Biden has been "very clear" about his position.

Biden had repeatedly refused to answer questions on the issue, both in his September debate against President Trump and in interviews, but on Monday said he was "not a fan of court packing." When asked if she agrees with this, Harris did not say.


"I think that ... Vice President Biden has been very clear with the American people where he stands," Harris said in exclusive comments to Fox News on Tuesday after participating in the Amy Coney Barrett confirmation hearings. "The bottom line is we are what is it 21 days now from an election and that's where we're focused."

When asked if she would also say she is not a fan of court packing, Harris did not respond.

While Biden's statement that he is not a fan of the concept of court packing is consistent with a statement he made in a 2019 interview and 1983 remarks before the Senate, he had made a point in recent weeks not to discuss his position.


Biden faced criticism on Friday when he said voters do not deserve to know if he would attempt to pack the Supreme Court if he wins in November and Trump's Supreme Court nominee, Judge Amy Coney Barrett, is confirmed.

During September's debate, Biden dodged a question on whether or not he would support court packing if elected. When Trump pressed him on the issue, Biden said "I'm not going to answer the question."

During Supreme Court nominee Judge Amy Coney Barrett's confirmation hearing, Sen. Mike Lee, R-Utah, claimed that the reason why Biden had been avoiding the issue was because he did not want to admit that he was in favor of court packing.


"There's only one reason why you refuse to answer that question," Lee said. "It's if you're wanting to be able to do it but you don't want to take the heat for the fact that you're thinking about doing it right now."

Harris has also avoided the issue in the past, as she did Tuesday. During her debate against Vice President Mike Pence, Pence asked her if she and Biden would pack the Supreme Court if Trump's nominee Judge Amy Coney Barrett in confirmed. Harris did not answer the question.

Fox News' Evie Fordham contributed to this report.

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